A recent case involving a major retail chain fired an Arizona employee for testing positive for marijuana despite the fact that they possessed a medical marijuana card and disclosed that information prior to taking a urinalysis. The company claimed that they were protected under the state’s Drug Testing of Employees Act, but the judge ruled that the company couldn’t prove if the employee was impaired at work. It’s advisable that employers do not terminate Arizona employees who hold a valid medical marijuana card based solely off of a positive marijuana drug test result. Companies’ should ensure that they provide employee education and reasonable suspicion training for managers, implement a medical disclosure policy, and establish a documentation process. If a terminated employee later sues for wrongful termination, this documentation and an established process, could be a deciding factor in your case.